Terms & Conditions
ByCanary Pte. Ltd. (Reg No.202006992/N) (“ByCanary”), is a company incorporated in the Republic of Singapore and its registered office is at 402 Orchard Road, #02-09 Delfi Orchard, Singapore 238876. This website on the Internet with the URL address http://www.bycanary.co, is currently ByCanary’s online interface for us to show and sell exquisite ByCanary’s products and for you to browse and buy.
As we continue to better enhance your shopping experience, we are also looking to roll out mobile applications and other digital platforms in time. This website as well as such mobile applications and other digital platforms (each the “Platform” and collectively, the “Platforms”) are or shall be owned and edited by ByCanary.
About our Hosting Services
Hosting services for the ByCanary website is provided by Shopify. They provide us with the online e-commerce platform that allows us to sell our products to you. In order for them to provide the above mentioned services to us, Shopify will also collect and process personal information on you. To the best of our understanding, knowledge and information, your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
ByCanary’s mobile applications (when launched) may be hosted by us or by other companies and you should refer to the relevant conditions of such other companies.
ByCanary– Conditions of Sale
Customers purchasing products online must read the Conditions of Sale which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of Liability" below do not cover the sale of products online. Please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
Use of Materials on the Platforms
ByCanary has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of ByCanary products displayed on the Platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, ByCanary cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise that you visit one of our showrooms or authorised retailers prior to making a purchase online.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the ByCanary’s application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as ByCanary’s creations or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("ByCanary Material") are owned by ByCanary Diamond and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Limitation of Liability
This section applies to the Platforms and not to the products that may be sold online. ByCanary tries to ensure that the information provided is accurate and complete. However, ByCanary does not warrant or represent that ByCanary Material is accurate, error-free or reliable or that use of ByCanary Material will not infringe rights of third parties.
ByCanary does not warrant that the functional and/or technical aspects of the Platforms or the ByCanary Material will be error free or that the Platforms, ByCanary Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or ByCanary Material results in the need for servicing or replacing property, material, equipment, data or other element, ByCanary is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "as is" and "as available" and, to the fullest extent permitted by applicable law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-fringement.
ByCanary and its suppliers make no warranties about the ByCanary Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, ByCanary shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if ByCanary has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected ByCanary trademarks or are licensed for use by ByCanary by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without ByCanary’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
All content (including ByCanary Material) on the Platforms are either Copyright © ByCanary or are licensed for use by ByCanary. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Links and Linking
The Platforms may contain links to other platforms operated by third parties not affiliated to ByCanary. The inclusion of any link to such third party sites does not imply endorsement by ByCanary of those sites. ByCanary has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is and deemed to be done at your own risk.
ByCanary does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and Suspension
Unless otherwise specified, the information and ByCanary Material presented on the Platforms are presented solely for the purpose of promoting ByCanary products and services. ByCanary makes no representation that ByCanary Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to ByCanary Material may not be legal by certain persons or in certain countries.
Applicable Law and Jurisdiction